Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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FOIPA v NameCheck
There was a document on FBI's website that highlighted the difference between FOIPA and name check. Basically it said FOIPA is a search of the electronic index file and name check is a search of index and reference file. Do we know if the reference file is automatically checked or checked only if there's a hit in the index file. This is important because defendants argue that FOIPA is different from name check.
There was a document on FBI's website that highlighted the difference between FOIPA and name check. Basically it said FOIPA is a search of the electronic index file and name check is a search of index and reference file. Do we know if the reference file is automatically checked or checked only if there's a hit in the index file. This is important because defendants argue that FOIPA is different from name check.
hopeforall2
Registered Users (C)
Thanks AGC4ME , He told me he will attend right after he returns from the other state. I am kind of worried , What if he can not make it , for any reason , ( i.e canceled flights , traffic, congestion e.t.c e..t.c ) , is there any reference , law that allows one to represent himself if his lawyer is not present?
Thanks ,and gurus please help with your thought also.
Of course, FOIPA search is different from name check. Psst... the judge does not know about it
There are two major differences: a) name check involves search with name variations (different spellings, etc.)
b) FOIPA does not include a search in the reference files.
However, FOIPA search with no results does indicate that FBI do not have anything against you, no criminal history.
You can attend the conference and at least warn the judge that your counsel may be late. It will be much better than making judge wait for nothing.
No, the name check always involves a main file and a reference file system search, and as lazycis wrote, different combination and spelling of the first, last and middle names. As you could see on this forum, there are countless of cases when people requested a FOIPA, which came back negative (i.e., no file in the main file system), they still were stuck in the name check, because potential hits in the reference file system.
Thank you Lazycis!
hopeforall2
Registered Users (C)
I just received a letter from FBI (forwarded to me) today, in response to an inquiry through congressman 4 months ago on 4/5/07. It comes from the "National Name Check Program Section, Records Management Division", the letter says:
"A review of the FBI's Name Check Program database revealed that your request was received from the USCIS on 6/20/03. This submission was processed and finalized on 5/22/2006. The result was forwarded to USCIS headquarters, Washington, D.C."
A few months ago I was told that my fingerprint check was submitted on 6/20/03 and finalized and result (clear, no record) returned to USCIS the very next day.
What does it mean? That FBI letter didn't say my NC is cleared or not. Anyway it's obviously that USCIS received both my fg and NC result for over a year.
But each time when I checked in the past (by myself or through senator, congressman) I was always told it's still pending security check, include my last inquiry in June 07. How could that be?! What else are being checked?
my timeline:
filed N-400 6/03
fingerprinted 6/03
interviewed on 12/03
moved in Oct 06 and filed AR-11 change of address (filed 3 times and finally current address got updated on file)
early June 07, I was told by infopass at local office that my file is still in old CIS office (after I requested 5 times to move to my current local office)
filed 1447b in June 07 - waiting for response
"A review of the FBI's Name Check Program database revealed that your request was received from the USCIS on 6/20/03. This submission was processed and finalized on 5/22/2006. The result was forwarded to USCIS headquarters, Washington, D.C."
A few months ago I was told that my fingerprint check was submitted on 6/20/03 and finalized and result (clear, no record) returned to USCIS the very next day.
What does it mean? That FBI letter didn't say my NC is cleared or not. Anyway it's obviously that USCIS received both my fg and NC result for over a year.
But each time when I checked in the past (by myself or through senator, congressman) I was always told it's still pending security check, include my last inquiry in June 07. How could that be?! What else are being checked?
my timeline:
filed N-400 6/03
fingerprinted 6/03
interviewed on 12/03
moved in Oct 06 and filed AR-11 change of address (filed 3 times and finally current address got updated on file)
early June 07, I was told by infopass at local office that my file is still in old CIS office (after I requested 5 times to move to my current local office)
filed 1447b in June 07 - waiting for response
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I found this article about the security check, which consists 3 different type of check. Also, it says "USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives".
I often hear people say "my NC was cleared", I wonder how that information was received, from whom...??
http://usinfo.state.gov/gi/Archive/2006/May/04-878088.html
"USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:
• The Interagency Border Inspection System (IBIS) Name Check:
Results of an IBIS check are usually available immediately
• FBI Fingerprint Check:
Generally, the FBI forwards responses to USCIS within 24-48 hours
• FBI Name Checks "
I'm attaching the "review of security check" pdf file issued by DHS. Hope all these info will be useful for any of us...
I often hear people say "my NC was cleared", I wonder how that information was received, from whom...??
http://usinfo.state.gov/gi/Archive/2006/May/04-878088.html
"USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:
• The Interagency Border Inspection System (IBIS) Name Check:
Results of an IBIS check are usually available immediately
• FBI Fingerprint Check:
Generally, the FBI forwards responses to USCIS within 24-48 hours
• FBI Name Checks "
I'm attaching the "review of security check" pdf file issued by DHS. Hope all these info will be useful for any of us...
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I suggest you try an talk to AUSA and see what he/she say is the hold up in your case. If AUSA says background checks, then just fax him this letter. also your 60 days should be comming close, so AUSA will either file an answer or a MTD. You can talk to the AUSA now before they file anything, and see what they have to say
What I've done today
I went ahead and sent my "draft" to USA and local CIS Director with certified mail+signature requested today.
I decided to wait 30 days before filing since I've asked congresswoman, senator and Mrs Bush for help. All of them received my request and I still hope, somewhere deep down, that one of them would be capable of pressuring CIS to move my case along so noone has to deal with lawsuits. This could me just a wishfull thinking..
lena
I went ahead and sent my "draft" to USA and local CIS Director with certified mail+signature requested today.
I decided to wait 30 days before filing since I've asked congresswoman, senator and Mrs Bush for help. All of them received my request and I still hope, somewhere deep down, that one of them would be capable of pressuring CIS to move my case along so noone has to deal with lawsuits. This could me just a wishfull thinking..
lena
Hi greenpea,
Apparently, they just decided to file an answer instead of trying the route of filing a motion to dismiss your case. They have to have an answer to your complaint anyway. And in their answer, they of course will deny everything. So, this is absolutely normal. You don't have to panic about it.
Now is the time for you to file a motion for summary judgment. There should already be a couple of examples of motion for summary judgment posted in the forum. If not, you can always go into PACER and get an example that way.
Actually, it's really not that bad to write MSJ. Of course, you have to be willing to spend some time to really understand at least what you're lifting off of other people's stuff and customizing it to address your situation. And MSJ is similar to what you'll need to put in your opposition brief if you were to oppose a MTD (motion to dismiss) from the defendants. MSJ has a different slant to it even though the general arguments are the same.
Missingpa posted his opposition brief a few days back (http://boards.immigration.com/showpost.php?p=1750161&postcount=12456) that you can use as a foundation. Also, for a sample of MSJ, go into PACER (Central District of CA) and find the MSJ filed by Aboushaban's attorney (Aboushaban v. Mueller). You should also be able to find a proposed order there. You can use these two as foundation to come up with your own MSJ.
And come to think of it, the answer filed by AUSA should also have come with a proposed order. You can pretty much follow the same format and simply replace whatever is there with your own prayer.
Hope this helps. And good luck!
There is a good sample of MSJ here:
http://immigrationportal.com/attachment.php?attachmentid=16629&d=1183571753
As SLIS mentioned, there is no need to panic. Getting an answer actually speeds up the process (no need to respond to MTD) so all you need to do is to prepare and file MSJ. The ausa did not dispute any facts (except a fingerprinting for EAD, which is not relevant). After you file MSJ, be prepared to respond to ausa cross-motion for MSJ (use missingpa opposition and other docs posted here).